Article VI — DRIVEWAY CONSTRUCTION

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apron means that portion of a driveway approach exclusive of side slopes or driveway curb returns extending from the gutter flow line to the property line.

Curb return means the curved portion of a street curb joining the normal curbline of a street with that of an intersecting street, alley or driveway.

Curb space means a continuous length of full height curb; or, where no curb exists, that space on the public right-of-way reserved for the construction of full height curb.

Driveway approach means that portion of a driveway lying in the public right-of-way between the curb face or roadway of a public street and the property line thereof and including both apron and side slope.

Lot means a lot, parcel or area of land developed or to be developed as a unit.

Right-of-way line means the line of the right-of-way dedicated or to be dedicated for street purposes in conformance with the master plan of city.

Side slope means that portion of the driveway approach which provides a transition from the normal curb grade to the grade of the apron by means of a sloping surface. Where a curb return is constructed in lieu of a sloping surface, the side slope shall be deemed to end at the exterior beginning of the curb of such curb return.

(Code 1968, § 27-28)

Cross reference— Definitions and rules of construction generally, § 1-2.

Except as provided in section 25-246:

(1)

No portion of a driveway shall be constructed between the prolonged intersecting right-of-way lines at any street or alley intersections, or between the points of curvature of any curb return having a radius of 20 feet or less.

(2)

No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device, and no portion of any driveway shall be constructed within five feet of an existing lighting standard. The location of a driveway with respect to traffic signals, poles, signposts or fire hydrants shall be in accordance with the city engineer's standard plan of driveways.

(3)

No driveway approach shall be permitted if the abutting lot does not permit sufficient accommodations for the vehicles using such approach to park without encroaching into or upon the adjacent sidewalk.

(4)

No portion of a driveway approach, including side slopes, serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of such adjoining lot. The consent shall be in writing and shall be filed with the public works department. For this purpose, the division between two lots shall be a line passing through the common lot corner at right angles to the curbline, regardless of the direction of the side lot line.

(Code 1968, § 27-29)

(a)

Minimum width. The minimum width of an apron shall be ten feet in all residential zones and 12 feet in all other zones as such zones are provided for by chapter 30. The minimum width shall be measured along the existing or proposed curbline, or, if neither exists, then it shall be measured as directed by the city engineer.

(b)

Maximum width. The maximum width of an apron shall be 16 feet, measured along the curbline, when serving lots in the residential zones, and 32 feet when serving lots in all other zones as such zones are provided for in chapter 30.

(Code 1968, § 27-30)

(a)

Not less than 20 feet of continuous curb space shall be retained in front of each lot where the street frontage of the property served is greater than 40 feet. Where such frontage is 40 feet or less, continuous curb space shall be retained in front of each lot equal to one-half the length of the frontage; except that this provision shall not be applied to prevent the construction of one apron having a minimum width as specified in this article.

(b)

Not less than 20 feet of curb space shall be retained between driveway approaches in front of each lot where there is more than one driveway approach serving any one lot.

(c)

Driveway approaches serving adjoining lots shall be separated by at least one foot of full height curb; except that, with the mutual consent of the affected property owners, two such adjacent driveway approaches may be merged into one, provided the maximum apron width along each lot, as set forth in this article, is not exceeded. The mutual consent shall be in writing, signed by all owners involved, and filed with the public works department.

(Code 1968, § 27-31)

(a)

Whenever a new driveway is constructed in addition to an existing driveway, or whenever an existing driveway is modified by increasing the width of the opening or the apron, or both, the existing driveway shall be closed, removed or reconstructed as the case may require so that the provisions of this article pertaining to minimum and maximum widths of apron and length of curb space shall be complied with.

(b)

Whenever a driveway is constructed to replace an existing driveway, the existing driveway or portions thereof which are no longer to be used shall be removed, and curb openings or portions thereof shall be reconstructed and closed.

(Code 1968, § 27-32)

(a)

Any person desiring permission to deviate from the standards established by this article may file a request therefore in writing with the public works department. Such request shall state the exact nature of the deviation requested and the reason for requesting it.

(b)

The public works department may grant deviations from the standards established by this article provided that it first determines that the following conditions exist:

(1)

That the deviation requested arises from unusual or extraordinary physical conditions, or is necessary to permit the proper and lawful development and use of the applicant's property;

(2)

That the granting of the deviation requested will not be contrary to the public safety, convenience and general welfare;

(3)

That the granting of the deviation will not adversely affect the rights of adjacent property owners or tenants; and

(4)

That the specific application of the provisions set out in this article would create unnecessary hardship in the development or use of the property.

Such deviations shall be in writing and shall specify the conditions and terms upon which they are granted.

(Code 1968, § 27-33; Ord. No. 1495, § 6, 12-20-05)